GYM FOR YOUR CAFÉ CAMPAIGN – PATRON TERMS AND CONDITIONS

  1. Campaign
    1. We (Fitbeat Aus1 Pty Ltd) are running a campaign to encourage café patrons like you to provide support to local cafés which may have been impacted by COVID-19 (Campaign).
    2. By scanning your café’s “Gym for your café” QR Code, attending a Fitbeat training workout, or making a payment to support your local café, you agree to these terms and conditions (Terms).
    3. To participate in the Campaign, you must scan your café’s “Gym for your café” QR Code and then book a workout for you and your friends and colleagues through our website. Bookings will be subject to availability and the classes will run from 19 April 2021 and 15 May 2021.
    4. You and any person participating in a workout will be required to accept our Fitbeat terms and conditions which include a waiver of liability relating to recreational activities before you may access our gym.
    5. If you are agreeing to these Terms on behalf of an organisation or your employer, you represent and warrant you are authorised to do so and that you are binding that entity to these Terms.
  2. Monetary support
    1. After your workout, we will send you an email with a link to bank account details provided by your nominated café so that you can do an electronic transfer to provide monetary support to that café. You are not required to make a payment, whether you do so and the amount of your payment is entirely up to you.
    2. All bank account details are uploaded by the cafés themselves, and we do not warrant that the bank account details provided by the café are correct or accurate.  We are not involved in any payments between you and the café and we are not responsible for how a café uses any payments it receives.
  3. Personal information
    1. We will collect personal information from you in order to run the Campaign and to communicate with you about the Campaign and about our goods and services and promotions that we believe might be of interest to you and/or for other purposes as notified by us. We may, for these purposes, collect, use and disclose such information to third parties, including but not limited to our agents, contractors, service providers and as set out in our Privacy Policy available on our website.
  4. Limitations
    1. Despite anything to the contrary, to the maximum extent permitted by law:
      1. our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, $1; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
      whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
    1. act or omission of you or a café, its employees or personnel;
    2. bank account details which a café provides which are incorrect,
    3. payment you make which is lost, delayed or misdirected;
    4. refunds you request or disputes in relation to payments you make;
    5. use or misuse of payments received by cafés;
    6. event or circumstance beyond our reasonable control; or
    7. tax deduction eligibility in relation to payments you make;
    8. personal injury or loss,
    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Campaign.
  1. General
    1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
    2. Governing law: These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

For any questions and notices, please email us at:

Fitbeat Aus1 Pty Ltd
[email protected]